MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002073449

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Lana E. McGlynn		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

---

APPLICANT REQUESTS: Award of the Combat Medical Badge.

APPLICANT STATES: That he believes that he should have been awarded the Combat Medical Badge. He contends that he performed all of the functions of a “combat medic” while assigned to the 51st Medical Company (Ambulance) in Vietnam. The applicant also contends that he did emergency medical treatment while under hostile fire for U.S., Vietnamese, and enemy soldiers who were wounded. He also was responsible for transporting wounded to the 67th Evacuation Hospital. The applicant further states that he is submitting letters from others who experience the same or similar traumatic experiences and from his commanding officer who expresses his opinion that the Combat Medical Badge was not awarded to the applicant through oversight.

In support of his application, the applicant submitted the following: a letter from a former commander of the 51st Medical Company from March 1969 through January 1970; a statement in support of the applicant’s claim to the Department of Veterans Affairs (DVA) with 16 photographs of the Qui Nhon area in Vietnam purporting to show an explosion and fire at the ammunition dump during the period January 1971 to December 1971; a VA Form 21-4138 (Statement in Support of Claim) by an Army first lieutenant with three pages of photographs purportedly of the ammunition storage area at Qui Nhon, South Vietnam; a statement from a former soldier who states that he was a military policeman in Qui Nhon from June 1968 to June 1969; a page with nine pictures on it; a 23 April 2002 letter of support from a soldier who states that he was present in Qui Nhon from August 1968 to November 1969; a picture of the outside cover of a book marked “diary” with pages dated March 17 through April 4; a copy of a 25 April 2002 electronic mail from a former soldier who states that he was a military policeman in Qui Nhon in 1969; a 25 April 2002 letter from a former Army lieutenant who states that he was the officer-in-charge of the tank fuel farm at Qui Nhon; a 29 March 2002 statement by a former chief warrant officer who states that he was assigned in Qui Nhon in April 1968; a 26 April 2002 letter from a former soldier who states that he was assigned in Qui Nhon from October 1968 to September 1969; a 24 April 2002 letter from a former soldier who states that he was assigned in Qui Nhon on 1 July 1968; a 30 March 2002 electronic mail from a former soldier assigned in the Qui Nhon area on or about March 1969; a copy of the applicant’s DA Form 20 (Enlisted Qualification Record) and a copy of the applicant’s DA Form 2-1 (Personnel Qualification Record-Part II).

EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered active duty on 11 April 1967 and completed training as a medical corpsman in military occupational specialty (MOS) 91A. He served in Germany followed by an assignment in Vietnam from 15 January 1969 to 14 January 1970. The applicant reenlisted and continued to serve until 13 October 1976 when he was honorably discharged.
The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 October 1970 covers his service in Vietnam. It does not show the Combat Medical Badge as an entry in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). His DD Form 214 shows in item 23a (Specialty Number and Title) that his MOS was 91B (Medical Specialist).

The applicant’s DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) that his principal duty during his assignment in Vietnam was in MOS 91B, ambulance driver, as a member of the 51st Medical Company. Records show that the 51st Medical Company, during its service in Vietnam, was a subordinate unit of the 44th Medical Brigade.

The Board noted that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. This omission will be corrected administratively.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the soldier must have been personally present and under fire during such ground combat.

Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 51st Medical Company, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 8, dated 1974.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant’s request for award of the Combat Medical Badge and reviewed his service personnel records and all of the evidence he submitted.

2. The Board noted the evidence submitted by the applicant regarding enemy action in the vicinity of Qui Nhon. The Board also noted the unit commander’s description of the 51st Medical Company’s mission and movement of casualties under combat conditions.

3. The Board considered the regulation governing award of the Combat Medical Badge and noted it specifically authorized award of the Combat Medical Badge to medical personnel (colonel and below) who were assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.

4. The Board does not doubt that the officers and men of the 51st Medical Company provided treatment and evacuation services in Vietnam under combat conditions and were instrumental in saving many lives. However, the fact that this unit was assigned to a medical brigade, not an infantry brigade, means that the personnel assigned to the 51st Medical Company were not eligible for award of the Combat Medical Badge during their service in Vietnam.

5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.

6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: Request that the Army Review Boards Agency (ARBA), Support Division, St. Louis, furnish the individual concerned a DD Form 215 (Correction to DD Form 214) to show in item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__TSK__ __LEM___ ___FNE__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

---

INDEX

CASE ID	AR2002073449
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020813
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0113.0000
2.
3.
4.
5.
6.